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Planning appeal decision

Allowed4 September 20233317979

Charlesworth Nursery & Garden Centre, Glossop Road, Charlesworth, Derbyshire, SK13 5HB

2 no. dormer bungalows with associated access, infrastructure and landscaping works following the demolition of garden centre buildings

Authority
High Peak Borough Council
Appeal type
minor · Planning Appeal
Procedure
Written Representations
Development
residential · Minor Dwellings
Inspector
Hickey A

Main issues, as the Inspector framed them

  • whether the proposal would be inappropriate development in the Green Belt having regard to the National Planning Policy Framework and any relevant development plan policies
  • whether the appeal site is a suitable location for the development having regard to the development plan policies
  • the effect of the proposed development on biodiversity
  • whether the harm by reason of inappropriateness, and any other harm, would be clearly outweighed by other considerations so as to amount to the very special circumstances required to justify the proposal

What decided it

The proposal met the limited infilling exception in paragraph 149(e) of the Framework and the biodiversity harm was not significant, such that the benefits of housing delivery outweighed the limited environmental harm when assessed against the Framework as a whole.

The modest social benefits of providing two new homes, short-term economic benefits from construction, and environmental benefits from hedgerow and bat/bird box provision outweighed the little weight attached to the small loss of poor-quality biodiversity habitat, resulting in permission being granted.

Framework references: 11, 147, 149, 174, 180

Plan policies cited: Policy EQ4, Policy EQ3, Policy EQ5, Policy H1

Judgments cited: Julian Wood v SSCLG, Gravesham Borough Council [2015] EWCA Civ 195

The main issues and the deciding factor are read from the published letter by Town Planner Pro; the letter itself is the record. Contains public sector information licensed under the Open Government Licence v3.0. Research, not advice.

In the app this decision sits on the map beside every other appeal around it, with the full reasoning summary, the letter held on file, and the case law it applies.